Judge allows Iowa to challenge thousands of ballots

The ballots of those on the list must be placed in a temporary ballot envelope for later verification.

The order triggered a lawsuit seeking a preliminary injunction and preliminary injunction against the election challenge filed by the American Civil Liberties Union on behalf of four naturalized U.S. citizens on Pate's list as well as a Latino civil rights organization. The lawsuit accuses the state of violating its 14th Amendment right to protection through laws that limit the privileges of U.S. citizens.

On Sunday, Judge Stephen Locher, an appointee of President Joe Biden, sided with Pate, saying that while no more than 12% of those on the secretary of state's list were registered voters, they were not U.S. citizens who sought the injunction However, the ruling would allow this to be voted on in the competition.

“Whatever concerns Plaintiffs may have about the nature and timing of Secretary Pate’s letter, it would not be appropriate for the Court to respond by granting an injunction that effectively forces local election officials to allow ineligible voters to vote enable,” Locher wrote in the decision.

Republicans have sought to stop some votes from being counted by filing lawsuits in battleground states ahead of the Nov. 5 presidential election, casting the effort as safeguarding election integrity. Opponents call the move an attempt to disenfranchise voters.

In a statement Sunday, Pate called the ruling “a victory for Iowa’s election integrity.”

“U.S. elections are for U.S. citizens and ensuring that only eligible voters participate in the electoral process in Iowa is critical to protecting the integrity of the vote,” he said.

The ACLU said it was “obviously disappointed” with the court's decision but was glad that the litigation forced Pate to refrain from forcing everyone on his list to submit provisional ballots.

The League of United American Citizens of Iowa, which was involved in the lawsuit, is warning voters after Sunday's decision to be prepared to provide documentation proving they are citizens when voting.

“But rest assured, we will continue the fight for your right as a U.S. citizen to equal treatment on Election Day,” Joe Enriquez Henry, state political director for LULAC of Iowa, said in a statement.

“While we are disheartened by the judge’s decision not to issue an injunction, we are grateful for the lawsuit that pressured Secretary Pate to recognize the right of naturalized citizens to vote in this election.”